County gets bill for jail inmate's dialysis

Prisoner's medical bills cost big bucks in St. Joe County
Homeless man has been in jail since August on child molestation charges.

JAMES WENSITS
South Bend Tribune Political Writer

Article published Jan 28, 2007

SOUTH BEND -- A 46-year-old homeless man being held in the county jail on child molestation charges has become a financial liability because of a medical condition that requires him to receive dialysis three times a week.

"It's a tremendous economic burden," Sheriff Frank Canarecci said of the treatments, which have been costing the county $17,000 a month since the man was arrested in August.

According to Canarecci, the prisoner is scheduled to go to trial Feb. 12 in Superior Court.

Providing medical care for inmates is not a burden that can be easily shirked, according to Michael C. Eby, county auditor.

Eby said the county is obligated under state law to pay for any "life sustaining medical procedures" whenever someone is incarcerated or otherwise becomes a ward of the county."As long as he's an inmate, we have to take care of medical expenses," Eby said.

The county auditor said that if the prisoner were out on his own, he might be eligible for Medicaid. The fact that he is in custody is the overriding factor. "Either way, the taxpayers are still paying for it," Eby said.

Peter Agostino, a deputy county attorney, agreed, noting that there is an automatic suspension of Medicaid benefits for jail prisoners.

On top of that, Agostino said, are statutory obligations requiring the sheriff to provide medical care for prisoners and provisions under the cruel and unusual punishment clause of the Constitution that require treatment of any known condition that can result in serious injury or death.According to Canarecci, the treatment is outside the scope of the county's medical service contract with Memorial Hospital to provide medical services for jail inmates while they are incarcerated.

The sheriff did not release the name of the prisoner, citing medical privacy reasons.

According to Canarecci, the man was born in Mexico, has previously been deported and may be an illegal alien. He is being held on a variety of charges, including child molestation, attempted child molestation and child solicitation. The man's bond is set at $10,000.

Canarecci said that in addition to the $17,000 in monthly treatment costs, the county must also pay the salary of whichever county police officer accompanies the man to the hours-long treatments.

County jail warden Julie Lawson said the county is hoping that the U.S. Bureau of Citizenship and Immigration Services will share in the treatment costs, but that hasn't happened as of yet."We're looking at (a total of) $70,000 and it's steadily growing," Lawson said of the accumulated treatment costs.

County Commissioner Mark Dobson, R-1st, said the growing costs led to a meeting between the commissioners and sheriff to discuss the budgetary impact on the county.

"It really stinks, but we have to pay for it," said Dobson.

"We can't put him on the street," said Dobson, referring to the nature of the charges, adding, "We can't deny him medical care."

"This is where the judicial system needs to be able to speed up the process," said Commissioner President Steve Ross, D-2nd.Ross said that for now the medical expenses will come out of the sheriff's budget, but will eventually require passage of an additional appropriation.

Ross predicted that the costs will ultimately total $100,000 or more, adding, "We have no recourse."

Canarecci recalled a similar situation in the early 1990s when it was learned that a prisoner being held on a shoplifting charge required dialysis.

When the prisoner was released on his own recognizance, he went to a downtown drugstore, shoplifted something and was re-arrested, Canarecci said.

The sheriff said the prisoner, after being released a second time, committed an armed robbery. "And then we were stuck with him," Canarecci said.

Staff writer James Wensits:
jwensits@sbtinfo.com
(574) 235-6353

URL: http://www.southbendtribune.com/apps/pbcs.dll/article?AID=/20070128/News01/701280353